Notice of Meeting:
I hereby give notice that an ordinary meeting of the Dunedin City Council will be held on:
Date: Tuesday 30 March 2021
Time: 10.00 am
Venue: Council Chamber, Municipal Chambers, The Octagon, Dunedin
Sandy Graham
Chief Executive Officer
Council
PUBLIC AGENDA
MEMBERSHIP
Mayor |
Mayor Aaron Hawkins |
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Deputy Mayor |
Cr Christine Garey
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Members |
Cr Sophie Barker |
Cr David Benson-Pope |
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Cr Rachel Elder |
Cr Doug Hall |
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Cr Carmen Houlahan |
Cr Marie Laufiso |
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Cr Mike Lord |
Cr Jim O'Malley |
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Cr Jules Radich |
Cr Chris Staynes |
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Cr Lee Vandervis |
Cr Steve Walker |
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Cr Andrew Whiley |
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Senior Officer Sandy Graham, Chief Executive Officer
Governance Support Officer Lynne Adamson
Lynne Adamson
Governance Support Officer
Telephone: 03 477 4000
Lynne.Adamson@dcc.govt.nz
Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.
Council 30 March 2021 |
ITEM TABLE OF CONTENTS PAGE
1 Opening 4
2 Public Forum 4
2.1 Diversity and Engagement Advisors Roles 4
3 Apologies 4
4 Confirmation of Agenda 4
5 Declaration of Interest 5
6 Confirmation of Minutes 19
6.1 Ordinary Council meeting - 23 February 2021 19
6.2 Ordinary Council meeting - 9 March 2021 20
6.3 Extraordinary Council meeting - 17 March 2021 21
Minutes of Community Boards
7 Mosgiel-Taieri Community Board - 18 November 2020 22
8 Otago Peninsula Community Board - 12 November 2020 23
9 Saddle Hill Community Board - 12 November 2020 24
10 Saddle Hill Community Board - 18 February 2021 25
11 Strath Taieri Community Board - 12 November 2020 26
12 Waikouaiti Coast Community Board - 18 November 2020 27
13 West Harbour Community Board - 18 November 2020 28
14 West Harbour Community Board - 3 February 2021 29
Reports
15 Council Forward Work Programme 30
16 DCC submission to the Draft Otago Southland Regional Land Transport Plan 2021-2031 45
17 Approval to Grant Right of Way Easement over Part Local Purpose (Esplanade) Reserve at 169 Main South Road, Green Island 176
18 Approval to Grant Right of Way Easement over Part Dunedin Town Belt Recreation Reserve 189
19 Financial Result - Period Ended 28 February 2021 199
Resolution to Exclude the Public 216
Council 30 March 2021 |
Methodist Minister, Reverend David Poultney will open the meeting with a prayer.
2.1 Diversity and Engagement Advisors Roles
Lina Lastra and Ana Mapusua, Community Engagement Southern Team, The Office of Ethnic Communities wish to address the meeting concerning their roles as Diversity and Engagement Advisors.
At the close of the agenda no apologies had been received.
Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.
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Council 30 March 2021 |
EXECUTIVE SUMMARY
1. Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.
2. Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.
3. Staff members are reminded to update their register of interests as soon as practicable.
That the Council: a) Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and b) Confirms/Amends the proposed management plan for Elected Members' Interests. c) Notes the proposed management plan for the Executive Leadership Team’s Interests. |
Attachments
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Title |
Page |
⇩a |
Councillor Register of Interest |
7 |
⇩b |
Executive Leadership Team Register of Interest |
17 |
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Council 30 March 2021 |
Ordinary Council meeting - 23 February 2021
That the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 23 February 2021 as a correct record.
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Attachments
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Title |
Page |
⇨a |
Minutes of Ordinary Council meeting held on 23 February 2021 (Under Separate Cover 1) |
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Council 30 March 2021 |
Ordinary Council meeting - 9 March 2021
That the Council: Confirms the public part of the minutes of the Ordinary Council meeting held on 09 March 2021 as a correct record.
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Attachments
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Title |
Page |
⇨a |
Minutes of Ordinary Council meeting held on 9 March 2021 (Under Separate Cover 1) |
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Council 30 March 2021 |
Extraordinary Council meeting - 17 March 2021
That the Council: Confirms the public part of the minutes of the Extraordinary Council meeting held on 17 March 2021 as a correct record.
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Attachments
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Title |
Page |
⇨a |
Minutes of Extraordinary Council meeting held on 17 March 2021 (Under Separate Cover 1) |
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Council 30 March 2021 |
Mosgiel-Taieri Community Board - 18 November 2020
gg
That the Council: a) Notes the minutes of the Mosgiel-Taieri Community Board meeting held on 18 November 2020 |
Attachments
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Title |
Page |
⇨a |
Minutes of Mosgiel-Taieri Community Board held on 18 November 2020 (Under Separate Cover 1) |
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Council 30 March 2021 |
Otago Peninsula Community Board - 12 November 2020
gg
That the Council: a) Notes the minutes of the Otago Peninsula Community Board meeting held on 12 November 2020
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Attachments
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Title |
Page |
⇨a |
Minutes of Otago Peninsula Community Board held on 12 November 2020 (Under Separate Cover 1) |
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Council 30 March 2021 |
Saddle Hill Community Board - 12 November 2020
gg
That the Council: a) Notes the minutes of the Saddle Hill Community Board meeting held on 12 November 2020. |
Attachments
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Title |
Page |
⇨a |
Minutes of Saddle Hill Community Board held on 12 November 2020 (Under Separate Cover 1) |
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Council 30 March 2021 |
Saddle Hill Community Board - 18 February 2021
gg
That the Council: a) Notes the minutes of the Saddle Hill Community Board meeting held on 18 February 2021. |
Attachments
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Title |
Page |
⇨a |
Minutes of Saddle Hill Community Board held on 18 February 2021 (Under Separate Cover 1) |
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Council 30 March 2021 |
Strath Taieri Community Board - 12 November 2020
gg
That the Council: a) Notes the minutes of the Strath Taieri Community Board meeting held on 12 November 2020
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Attachments
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Title |
Page |
⇨a |
Minutes of Strath Taieri Community Board held on 12 November 2020 (Under Separate Cover 1) |
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Council 30 March 2021 |
Waikouaiti Coast Community Board - 18 November 2020
gg
That the Council: a) Notes the minutes of the Waikouaiti Coast Community Board meeting held on 18 November 2020.
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Attachments
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Title |
Page |
⇨a |
Minutes of Waikouaiti Coast Community Board held on 18 November 2020 (Under Separate Cover 1) |
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Council 30 March 2021 |
West Harbour Community Board - 18 November 2020
gg
That the Council: a) Notes the minutes of the West Harbour Community Board meeting held on 18 November 2020
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Attachments
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Title |
Page |
⇨a |
Minutes of West Harbour Community Board held on 18 November 2020 (Under Separate Cover 1) |
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Council 30 March 2021 |
West Harbour Community Board - 3 February 2021
gg
That the Council: a) Notes the minutes of the West Harbour Community Board meeting held on 03 February 2021.
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Attachments
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Title |
Page |
⇨a |
Minutes of West Harbour Community Board held on 3 February 2021 (Under Separate Cover 1) |
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Council 30 March 2021 |
Council Forward Work Programme
Department: Corporate Policy
EXECUTIVE SUMMARY
1 The purpose of this report is to provide the updated forward work programme for the 2021-2022 year (Attachment A).
2 As this is an administrative report only, there are no options or Summary of Considerations.
That the Council: a) Notes the updated Council forward work programme as shown in Attachment A. |
DISCUSSION
3 The forward work programme is a regular agenda item which shows areas of activity, progress and expected timeframes for Council decision making across a range of areas of work.
4 As an update report, the purple highlight shows changes to timeframes. New items added to the schedule are highlighted in yellow. Items that have been completed or updated are shown as bold. This report shows a 13 month rolling period from February 2021 to February 2022.
5 The forward work programme now contains items from the action list where the action has resulted in a report to be presented back to Council. Items have been closed on the action list and incorporated in the forward work programme.
NEXT STEPS
6 An updated report will be provided for the next Council meeting.
Signatories
Author: |
Sharon Bodeker - Corporate Planner |
Authoriser: |
Sandy Graham - Chief Executive Officer |
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Title |
Page |
⇩a |
Council Forward Work Programme |
33 |
Council 30 March 2021 |
DCC submission to the Draft Otago Southland Regional Land Transport Plan 2021-2031
Department: Transport
EXECUTIVE SUMMARY
1 This report seeks approval of a draft submission (Attachment A) to Otago Regional Council on the Draft Otago Southland Regional Land Transport Plan 2021-2031.
That the Council: a) Approves the Dunedin City Council Submission to Otago Regional Council on the Draft Otago Southland Regional Land Transport Plan 2021-2031, with any amendments. |
BACKGROUND
2 The Otago Regional Council (ORC) is currently seeking feedback on the draft Otago Southland Regional Land Transport Plan (RLTP) 2021-2031. An extension to the deadline for submissions has been extended from Monday 29 March to Wednesday 31 March.
3 The Otago and Southland Regional Transport Committees (RTCs) prepare RLTP’s for ORC and Environment Southland.
4 Prepared under the Land Transport Management Act 2003, since 2015-2021 the two regional plans have been combined into a single document. They propose both strategy and investment for the two regions’ transport networks.
5 The plan outlines proposed transport network improvements for the next six years and forms the application for funding from the National Land Transport Fund for the next three years.
6 The combined RTCs would like to know:
a) Are the projects identified in this plan adequately prioritised?
b) Is the proposed strategic direction for the next 10 years appropriate?
c) Are there any other State Highway projects that need to be addressed?
DISCUSSION
8 The draft submission highlights:
a) DCCs commitment to being a net carbon zero city by 2030;
b) The prioritisation of Waka Kotahi projects within the Shaping Future Dunedin Transport programme;
c) The process that has been undertaken to develop the Otago Southland RLTP 2021-2031 under unprecedented Covid-19 conditions; and
d) The importance of reducing the number of people dying and being seriously injured on our roads.
OPTIONS
Option One – Submit on the draft Otago Southland RLTP 2021-2031
9 This option proposes approving the DCC submission to the Otago Southland RLTP 2021-2031, with any required amendments or additions.
Advantages
· Enables the DCC to provide further input on the draft RLTP 2021-2031.
Disadvantages
· There are no identified disadvantages for this option.
Option Two – Do not submit on the draft Otago Southland RLTP 2021-2031
10 This option proposes not submitting on the draft Otago Southland RLTP 2021-2031.
Advantages
· There are no identified advantages for this option.
Disadvantages
· Does not enable DCC to provide further input on the draft RLTP 2021-2031.
NEXT STEPS
11 If the Council approves the draft submission, it will be sent to the ORC for consideration by 31 March 2021.
Signatories
Author: |
Stacey Hitchcock - Transport Planner |
Authoriser: |
Jeanine Benson - Group Manager Transport Simon Drew - General Manager Infrastructure Services |
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Title |
Page |
⇩a |
Draft Otago Southland Regional Land Transport Plan 2021-2031 |
50 |
⇩b |
DCC Submission on Otago Southland Regional Land Transport Plan 2021-2031 |
173 |
SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government This decision enables democratic local decision making and action by, and on behalf of communities.
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Fit with strategic framework
The submission has been developed in line with the goals and objectives of the strategic framework, in particular, the objectives of the Integrated Transport Strategy, the Environment Strategy and The Spatial Plan. |
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Māori Impact Statement There are no known impacts for tangata whenua. |
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Sustainability There are no known impacts for sustainability resulting from a decision to approve the draft DCC submission. Some items in the submission emphasise that more can be included to contribute positively sustainability objectives of Council and the region. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy The projects included in the draft Otago Southland RLTP 2021-2031 are included in the current and draft 10 Year Plan. Projects must be included in the RLTP for consideration of funding from the National Land Transport Fund. |
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Financial considerations There are no financial impacts of the decision to approve the draft DCC submission. |
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Significance This decision has been assessed under the Council’s Significance and Engagement Policy as being of low significance. |
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Engagement – external There was no external engagement. |
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Engagement - internal Staff from Transport, the Project Management Office and City Development were invited to contribute to the draft submission. Councillor Jim O’Malley provided input as the DCC representative on the Regional Transport Committee. |
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Risks: Legal / Health and Safety etc. There are no known risks. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards The draft submission has no implications for Community Boards. |
Council 30 March 2021 |
Approval to Grant Right of Way Easement over Part Local Purpose (Esplanade) Reserve at 169 Main South Road, Green Island
Department: Parks and Recreation
EXECUTIVE SUMMARY
1 This report discusses an application by Harraway & Sons Ltd, owners of a property at 165 Main South Road, Green Island, Dunedin (the applicant), for the grant of right of way easements for vehicular access over part of a Local Purpose (Esplanade) Reserve at Main South Road, Green Island. Part of the reserve has historically (over 50 years) been used as vehicular access to the Harraway & Sons Ltd oat mill at Main South Road, Green Island. Recent repairs required to the gravelled accessway have brought to light the need to formalise this easement and the ongoing maintenance obligations for the accessway. This report recommends the easement be granted.
2 The Council is making two decisions. First a decision in its capacity as the administering body of the reserve which is a reserve subject to the Reserves Act 1977 and second, a decision as the Minister of Conservation’s delegate for easements over reserves.
That Council: a) Acting in its capacity as the administering body of the Local Purpose (Esplanade) Reserve pursuant to the Reserves Act 1977: i) Grants right of way easements over part of the Local Purpose (Esplanade) Reserve at 169 Main South Road, Green Island, in favour of the properties identified in this report and subject to the conditions outlined in this report. ii) Approves waiving the annual rental for use of the Local Purpose (Esplanade) Reserve at Main South Road, Green Island. iii) Decides that the criteria for exemption from public notification have been met. b) Acting under delegation from the Minister of Conservation dated 12 June 2013, and pursuant to section 48 of the Reserves Act 1977, consents to the grant of right of way easements over part of the Local Purpose (Esplanade) Reserve to property at 169 Main South Road, Green Island, in favour of the properties identified in this report and subject to the conditions outlined in this report. |
BACKGROUND
3 The Harraway & Sons Ltd (‘Harraways’) oat mill has operated on the same site next to the Kaikorai Stream since 1867. The reserve land on which the accessway has been formed was once part of the Green Island Branch Railway which was closed in 1957. The railway tracks were lifted in the 1980s and it appears an agreement was reached for Harraways to use the formation for mill access.
4 In 1996, the railway land was subdivided and the Local Purpose (Esplanade) Reserve at 169 Main South Road, Green Island, was created to afford bank protection for that section of the Kaikorai Stream, still with the access to the mill formed over it.
5 Harraways continues to use the gravelled driveway (as shown on Attachment A) to access its adjoining land at 161 Main South Road.
6 Harraways has advised that access is critical to Harraways’ operations as it provides vehicular access to the factory for grain trucks travelling one way off Main South Road along the formation and passing through the mill and exiting via Harraway Road.
7 In September 2020, a section of the accessway became damaged (potentially from the truck movements) and required remedial works to be undertaken by Harraways at Council’s direction. The reinstatement of the access was important to the company and highlighted the need for there to be a formal easement arrangement to assure the company its right of way over the reserve and from Council’s view point, to record the ongoing maintenance and repair obligations on the company.
8 Harraways applied for Land Use Consent (LUC-2021-51) and consent under section 348 of the Local Government Act 1974 (POL-2021-13) to formally establish a vehicle crossing and right of way easements over the current gravelled driveway on 169 Main South Road, being Council administered Local Purpose (Esplanade) Reserve.
9 The proposed right of way easements are shown on Attachment B. They are over areas A and B in favour of Harraways’ adjoining land.
10 Both applications were approved under delegated authority on 11 March 2021. Conditions of POL-2021-13 relating to creation of the right of way were that:
1. A survey quality plan depicting the extent of the right of way shall be supplied to the Council.
2. The vehicle access must be hard surfaced from the edge of the seal of Main South Road toward the property boundary for a distance of not less than 5.0 m in length (and 10 m in width) and be adequately drained for its duration. The remaining length of the right of way must be formed to a minimum width of 3.0 m with an all-weather (metal) surface.
11 Attachment C shows the proposed formation, as required by the above condition.
12 The decision, under section 348 of the Local Government Act 1974, also noted that a legal agreement should be drawn up between Council and Harraways regarding responsibility for maintenance of the right of way.
13 In addition to the Land Use Consent and section 348 Consent, Harraways also need Council to consent under the Reserves act 1977 before it can create a formal right of way. This is because the proposed right of way is over land held under the Reserves Act 1977.
14 Given the existing use of the reserve over several decades for access to Harraways’ mill, without concerns, the most practical and preferred option identified by staff is to grant right of way easements for access over the Local Purpose (Esplanade) Reserve, (as shown on Attachments A and B).
15 Harraways is seeking approval of the Council, as the administering body of the reserve and as the Minister of Conservation’s delegate, to grant the right of way easements pursuant to Section 48 of the Reserves Act 1977.
16 Should approval be given, a new Land Transfer Plan will be drawn to show the proposed right of way easements.
DISCUSSION
Council as the administering body
17 The Council, in its capacity as administering body of the reserve, has the responsibility for ensuring compliance with the requirements of the Reserves Act 1977 and to consider the merits of the request for a grant of easements.
18 The Local Purpose (Esplanade) Reserve at 169 Main South Road, Green Island, is a reserve subject to the Reserves Act 1977 and is held in Record of Title 495126.
Reserves Act 1977
19 Section 48 of the Reserves Act 1977 provides the statutory authority for the grant of right of way easements over reserves.
20 Section 48 of the Reserves Act 1977 requires public notification of the intention to grant an easement unless it can be demonstrated that:
a) the reserve is vested in an administering body and is not likely to be materially altered or permanently damaged; and
b) the rights of the public in respect of the reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement.
21 The area in which the easement is proposed is not used by the general public. Its appearance is that of a vehicle accessway. The formed access over the reserve that already exists will be reduced at the crossing point on Main South Road. This will not alter the extent of the proposed easement which also allows scope for stream bank response should flooding damage occur. This means that the reserve is not likely to be materially altered or permanently damaged by the accessway. The rights of the public in respect of the reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement, particularly given that public use of the area is minimal at present.
22 The effects on the reserve of the construction, reinstatement of grassed areas, maintenance or repair of the right of way would be temporary.
23 Section 48 of the Reserves Act 1977 empowers the reserve's administering body (the Council), to grant easements over reserve lands subject to the Resource Management Act and the consent of the Minister of Conservation. The Minister of Conservation has delegated powers of consent to the Council, without limitation under instrument of delegation dated 12 June 2013.
Reserve Management Plan General Policies (March 2005)
24 The Reserve Management Plan General Policies provides for formalisation of existing accessways over reserves. Right of way easements may be granted over reserves if they do not prevent the use of the reserve for its primary purpose, which in this instance is Local Purpose Esplanade Reserve. The policies also require the applicant to meet all costs associated with legalising and maintaining the right of way.
25 Although the General Policies specify that easements should be for a limited term, and provides for annual charges to be payable, in this instance Council Officers recommend that the proposed right of way easements be granted in perpetuity and that no annual charge be made. This is in recognition of the historic use of this access and its importance to Harraways (which has an over 150 year association with this location).
Easement terms and conditions
26 It is proposed that right of way easements be granted over part of the Local Purpose (Esplanade) Reserve located at 169 Main South Road, Green Island, in favour of the land at 161 Main South Road, Green Island, on the condition that the applicant must meet all costs associated with the design, installation, reinstatement, repairs, maintenance, survey and legal costs associated with the easements. This includes:
a) the costs of altering the crossing from Main South Road, Green Island, and reinstating kerb at the old crossing point;
b) the costs relating to reinstatement and re-grassing areas affected by kerb (as shown on Attachment C).
c) the costs of surveying the easement area and preparing, executing and registering the easement documentation; and
d) on-going maintenance of the access easement area.
27 The proposed key elements of the easement would include:
Statute Granted pursuant to section 48 of the Reserves Act 1977.
PROPOSED EASEMENTS
Purpose |
Shown |
Servient Tenement |
Dominant Tenement |
Right of Way |
‘A’ |
Lot
4 DP 25679 |
Part Section 64 Block V Lower Kaikorai SD (RT: OT197/14), Lot 2 DP 5874 (RT: OT313/27) and Lot 6 DP 25679, Lot 1 DP 5874, Pt Section 63-65 & Part Section 335R Lower Kaikorai SD (all held in RT 5454) |
Right of Way |
‘B’ |
Lot
7 DP 25679 |
Part Section 64 Block V Lower Kaikorai SD (RT: OT197/14), Lot 2 DP 5874 (RT: OT313/27) and Lot 6 DP 25679, Lot 1 DP 5874, Pt Section 63-65 & Part Section 335R Lower Kaikorai SD (all held in RT 5454) |
Term In perpetuity
Rental Nil
28 The terms and conditions of the right of way easements are to be finalised by the Council’s solicitors.
Merits of proposed easements
29 The access over the land which comprises the Local Purpose (Esplanade) Reserve at 169 Main South Road, Green Island, by Harraways has been in use for several decades, without causing concern. It appears to have started through an informal arrangement with NZ Railways when the former railway line was closed. Formalising the use as access by way of an easement is consistent with Council Policy and acknowledges the practical solution which an easement affords this situation.
30 The resource consent application (LUC-2021-51) has been lodged in tandem with the application seeking approval to formalise use of the reserve for access, by way of right of way easements. That decision incorporates a series of conditions required by Council’s Transport Team so the vehicle crossing from Main South Road onto the reserve easement area meets accepted standards. The conditions include requirements for Harraways to reduce the size of the entrance, single direction entry only and upgrade the crossing including reinstating kerbing and re-grassing of areas either side of the entrance.
31 Changes to the vehicle crossing from Main South Road will not affect public access to the reserve, with the reserve values enhanced by the reinstatement of grassed areas.
32 As noted above, all costs associated with the design, formation of the access, reinstatement works, survey and legal costs associated with the formalisation of the easement and its ongoing maintenance resulting from use by Harraways will be met by the applicant.
Council as the Minister of Conservation’s delegate
33 The Council, as the Minister of Conservation’s delegate, has a supervisory role in ensuring that the decision on whether or not to grant the easements has been arrived at in compliance with the requirements of the Reserves Act 1977. In particular, the Council as the Minister’s delegate, needs to be satisfied that the status of the land has been correctly identified, that there is statutory power to grant the easements, that the necessary statutory processes have been followed, that the classification has been appropriately considered, and the decision is a reasonable one.
OPTIONS (Acting as administering body of LOCAL PURPOSE (ESPLANADE) RESERVE)
Option One – Recommended Option – Grant Right of Way Easements
34 Council, acting as the administering body for the Local Purpose (Esplanade) Reserve, pursuant to Section 48 of the Reserves Act 1977 grants right of way easements across part of the reserve on the terms and conditions outlined in this report
Advantages
· Formalises an existing access situation which provides access to a heritage listed property and is in line with Council’s General Policies for reserves management.
· The proposed right of way easements are unlikely to impact on the public’s use of the reserve.
· Reduces the reserve area currently occupied by the vehicle crossing accessway.
Disadvantages
· There are no material disadvantages. The situation on the ground has existed and been accepted for many decades and has not unduly limited public recreational use in this area.
Option Two – Status Quo
35 Do not grant right of way easements across part of the reserve.
Advantages
· No material advantages.
Disadvantages
· Does not recognise the long history of use and the practical requirements for access to the Harraways mill which this accessway provides.
OPTIONS (ACTING UNDER DELEGATION FROM THE MINISTER OF CONSERVATION)
Option One – Recommended Option – Grant Right of Way Easements
36 Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, Council consents to the granting of right of way easements across part of the Local Purpose (Esplanade) Reserve at 169 Main South Road, Green Island, upon the terms and conditions outlined in this report.
37 The advantages and disadvantages are the same as those listed under Option One above, and confirms that the Council, as administering body of the reserve, has fully considered the merits of the proposed easements and has fully complied with the requirements of the Reserves Act 1977.
Option Two – Status Quo – Decline Consent
38 Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, Council does not consent to granting of right of way easements across part of the reserve.
39 The advantages and disadvantages are the same as those listed under Option Two above.
NEXT STEPS
40 If Council consents to the granting of right of way easements across part of the Local Purpose (Esplanade) Reserve at 169 Main South Road, Green Island, then Harraways will be asked to sign an agreement recording the terms and conditions of the right of way easements.
Signatories
Author: |
Owen Graham - Senior Leasing and Land Advisor |
Authoriser: |
Scott MacLean - Acting Group Manager Parks and Recreation Robert West - Acting General Manager City Services |
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Title |
Page |
⇩a |
Aerial Photo 169 Main South Road ROW access to Harraway and Sons Ltd oat mill |
185 |
⇩b |
Drawing D12346-1- ROW Easement Plan |
187 |
⇩c |
Drawing D12346-2- ROW Vehicle Crossing Plan |
188 |
SUMMARY OF CONSIDERATIONS |
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Fit with purpose of Local Government This decision relates to provision of practical legal access to a long established industry in Dunedin and promotes the social and economic well-being of the Dunedin community in the present and for the future. |
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Fit with strategic framework
The granting of the right of way easements is consistent with Council’s strategic planning policy framework for management of reserves and is good management practice. |
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Māori Impact Statement There are no known impacts for tangata whenua. |
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Sustainability Granting the right of way easements contributes to social and economic sustainability. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications for the LTP or the Annual Plan. There are no implications for current levels of service or performance measures. |
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Financial considerations All costs associated with alterations to the crossing formation from Main South Road onto the easement area, and reinstatement of vegetation cover and matters required to be completed so the easement can be registered will be met by the applicant who is also responsible for on-going maintenance. |
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Significance The proposed grant of right of way easements is assessed as being of low significance, being primarily an administrative function, that formalises the existing access. |
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Engagement – external The proposal has been through resource consenting where it was not required to be publicly notified. No other external consultation has been undertaken. |
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Engagement - internal Council’s Parks and Recreation Planner and Council’s Transportation Planner have each provided advice on the resource consent as it affects the easement requirements. Council’s Senior In-house Legal Counsel has provided advice in relation to the Reserves Act requirements. |
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Risks: Legal / Health and Safety etc. There are no material risks associated with the decisions. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards The site is within Dunedin City and there is no Community Board. |
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Council 30 March 2021 |
Approval to Grant Right of Way Easement over Part Dunedin Town Belt Recreation Reserve
Department: Parks and Recreation
EXECUTIVE SUMMARY
1 This report discusses an application by the owners of a property at 4 and 4A Lovelock Avenue, Dunedin, for the grant of a right of way easement for vehicular access over part of the Dunedin Town Belt Recreation Reserve. This report recommends the easement be granted. The grant of an easement would formalise the current use of an existing access and reduce the area of that accessway.
2 The Council is making two decisions. First a decision in its capacity as the administering body of the reserve which is a reserve subject to the Reserves Act 1977 and second, a decision as the Minister of Conservation’s delegate for easements over reserves.
That Council: a) Acting in its capacity as the administering body of the Dunedin Town Belt Recreation Reserve pursuant to the Reserves Act 1977: i) Grants a right of way easement for vehicular access over part of the Dunedin Town Belt Recreation Reserve in favour of the property at 4 and 4A Lovelock Avenue, Dunedin, subject to the conditions outlined in this report. ii) Approves waiving the annual rental for use of the Dunedin Town Belt Recreation Reserve. iii) Decides that the criteria for exemption from public notification have been met. b) Acting under delegation from the Minister of Conservation dated 12 June 2013, and pursuant to section 48 of the Reserves Act 1977, consents to the grant of a right of way easement for vehicular access over part of the Dunedin Town Belt Recreation Reserve in favour of the property at 4 and 4A Lovelock Avenue, Dunedin, subject to the conditions outlined in this report. |
BACKGROUND
3 The main residence at 4 Lovelock Avenue is known as ‘Woodside’ and is a Heritage NZ listed Category 1 historic place (No. 2184). It is recorded on the Council’s Schedule 25.1 Townscape and Heritage Buildings and Structures (Site no. B379).
4 Access from Lovelock Avenue to the property has incorporated a small area of the Dunedin Town Belt Recreation Reserve. Over time the entrance/exit has expanded as the amount of vehicular traffic to and from the property has increased, particularly after the development of two new accommodation units within the site in 1996.
5 The applicant received consent on 29 October 2020 to subdivide the property into two lots in order to separate the heritage building from the newer accommodation units. (SUB-2020-157). A copy of the plan of subdivision is attached as Attachment A.
6 A Condition of that decision was that:
2b) A right of way, or rights of way, with a combined minimum legal width of 4.0 m must be created in favour of Lot 2 from the boundary of Lot 2 to Lovelock Avenue. This legal access can be over Lot 1 and/or the Town Belt. Any right of way proposed over the Town Belt requires the formal approval of Council, and might be declined.
(i) If a right of way over the Town Belt is to be created, either this is done independently of this subdivision consent and a copy of the property title, with the new right of way easement registered on it, must be submitted to the Council, or it is created as part of this subdivision consent (following formal approval of Council) and is shown on the survey plan in a Memorandum of Easements. The right of way over the Town Belt is to have a maximum width of 4.0 m.
7 Given the existing use of part of the reserve for access to 4 and 4A Lovelock Avenue, over a long period without concerns, the most practical and preferred option identified by Council is to grant a right of way easement for access over the reduced area of the Dunedin Town Belt Recreation Reserve, as shown in Attachments A and B.
8 The applicant (G and G Crosbie) is seeking approval from the Council, as the administering body of the reserve and as the Minister of Conservation’s delegate, to grant the right of way easement pursuant to Section 48 of the Reserves Act 1977. The right of way easement would be over part of the land held by Council as Town Belt, in favour of Lots 1 and 2 on SUB-2020-157 (being 4 and 4A Lovelock Avenue)
9 Should approval be given, a new Land Transfer Plan will be drawn to show the proposed right of way easement.
DISCUSSION
Council as the administering body
10 The Council, in its capacity as administering body of the reserve, has the responsibility for ensuring compliance with the requirements of the Reserves Act 1977 and to consider the merits of the request for a grant of easements.
11 The Dunedin Town Belt Recreation Reserve is a reserve subject to the Reserves Act 1977 and is held in Record of Title OT301/116.
Reserves Act 1977
12 Section 4 and 4A8 of the Reserves Act 1977 provides the statutory authority for the grant of right of way easements over reserves.
13 Section 4 and 4A8 of the Reserves Act 1977 requires public notification of the intention to grant an easement unless it can be demonstrated that:
a) the reserve is vested in an administering body and is not likely to be materially altered or permanently damaged; and
b) the rights of the public in respect of the reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement.
14 The area in which the easement is proposed is not used by the general public. It is the tip of a grassed area which contributes to the open space and amenity values which Dunedin’s Town Belt affords to residents. The formed access over the reserve that already exists will be reduced in extent under this proposal and will not require any additional modification. This means that the reserve is not likely to be materially altered or permanently damaged. The rights of the public in respect of the reserve are not likely to be permanently affected by the establishment and lawful exercise of the easement, particularly given that public use of the area is minimal at present.
15 The effects on the reserve of the construction, maintenance or repair of the right of way would be temporary.
16 Section 48 of the Reserves Act 1977 empowers the reserve's administering body (the Council), to grant easements over reserve lands subject to the Resource Management Act and the consent of the Minister of Conservation. The Minister of Conservation has delegated powers of consent to the Council, without limitation under instrument of delegation dated 12 June 2013.
Reserve Management Plan General Policies (March 2005) and Dunedin Town Belt Management Plan (January 2007)
17 Both the Reserve Management Plan General Policies and Dunedin Town Belt Management Plan provide for formalisation of existing accessways over reserves. Right of way easements may be granted over reserves as long as they do not prevent the use of the reserve for its primary purpose, which in this instance is recreation. The policies also require the applicant to meet all costs associated with legalising and maintaining the right of way.
18 Although the General Policies specify that easements should be for a limited term, and does provides for annual charges to be payable, in this instance Council Officers recommend that the proposed right of way easement be granted in perpetuity and that no annual charge be made. This is in recognition of what appears to be an historic use of this access to the heritage listed Woodside.
Easement terms and conditions
19 It is proposed that a right of way easement be granted over part of the Dunedin Town Belt Recreation Reserve (Bracken View) in favour of the land at 4 and 4A Lovelock Avenue (currently owned by G and G Crosbie) on the condition that the applicant must meet all costs associated with the design, installation, reinstatement, repair, maintenance, survey and legal costs associated with the easement. This includes the costs of installing the crossing from Lovelock Avenue and reinstating kerb at the old crossing point, as well as meeting all costs relating to reinstatement and revegetation of the area of reserve previously used for access but now excluded from the easement. This also includes the costs of surveying the easement area and preparing, executing and registering the easement documentation. On-going maintenance and repairs of the access easement area will be the responsibility of the applicant.
20 The proposed key elements of the easement would include:
Statute Granted pursuant to section 48 of the Reserves Act 1977.
PROPOSED EASEMENTS
Purpose |
Shown |
Servient Tenement |
Dominant Tenement |
Right of Way |
‘D’ |
Part Town Belt, Town of Dunedin as held in OT 301/116 |
Lots 1 and 2 SUB-2020-157 |
Term In perpetuity
Rental Nil
21 The terms and conditions of the easement are to be finalised by the Council’s solicitors.
Merits of proposed easements
22 The use of a corner of the Dunedin Town Belt Recreation Reserve for access to 4 and 4A Lovelock Avenue is recorded to have been in use for decades, without causing concern. The positioning of large stones to prevent further vehicle encroachment onto the reserve land has restricted the reserve area impacted.
23 This easement will restrict the access to 4 and 4A Lovelock Avenue to only that necessary for safe entry and egress. The balance of the reserve land currently in gravel will be reinstated by the applicant back to a grass berm contiguous with the adjacent reserve.
24 DCC Transportation is requiring the applicant to form a new crossing from Lovelock Avenue into the property which incorporates the easement area and to reinstate kerbing at the old crossing point to deter access onto the reserve land to be reinstated as grass berm. Investigations found that alternative access points into 4 and 4A Lovelock Avenue are not practical or do not meet accepted standards.
25 As noted above, all costs associated with the design, formation of the access, reinstatement works, survey and legal costs associated with the formalisation of the easement and its ongoing maintenance will be met by the applicant.
26 Although Council could require the access to avoid any of the Town Belt land, staff are recommending that access be over part of the Town Belt as this is formalising an historic situation and it is considered impractical to access directly onto 4 and 4A Lovelock Avenue.
27 Requests for easements over Council’s Town Belt are usually no granted, but there are limited occasions where easements have been granted over the Town Belt. They tend to be historical in nature and of minimal impact on the reserve. Staff consider that the proposed easement does not create an unmanageable precedent.
Council as the Minister of Conservation’s delegate
28 The Council, as the Minister of Conservation’s delegate, has a supervisory role in ensuring that the decision on whether or not to grant the easements has been arrived at in compliance with the requirements of the Reserves Act 1977. In particular, the Council as the Minister’s delegate, needs to be satisfied that the status of the land has been correctly identified, that there is statutory power to grant the easements, that the necessary statutory processes have been followed, that the classification has been appropriately considered, and the decision is a reasonable one.
OPTIONS (Acting as administering body of DUNEDIN TOWN BELT RECREATION RESERVE)
Option One – Recommended Option – Grant Right of Way Easement
29 Council, acting as the administering body for the Dunedin Town Belt Recreation Reserve, pursuant to Section 48 of the Reserves Act 1977 grants a right of way easement across part of the reserve on the terms and conditions outlined in this report
Advantages
· Formalises an existing access situation which provides access to a heritage listed property and is in line with Council’s General Policies for reserves management.
· The proposed easement is unlikely to impact on the public’s use of the reserve.
· Reduces the reserve area occupied by the accessway.
Disadvantages
· There are no material disadvantages. The situation on the ground has existed and been accepted for many decades and has not unduly limited public recreational use of the reserve in this area.
Option Two – Status Quo
30 Do not grant a right of way easement across part of the reserve.
Advantages
· No material advantages.
· The existing area used for access would be reinstated in grass.
Disadvantages
· Does not recognise the long history of use and the practical requirements for access to 4 and 4A Lovelock Avenue which this access point provides.
· Alternative access locations have been assessed and found not to be practical.
OPTIONS (ACTING UNDER DELEGATION FROM THE MINISTER OF CONSERVATION)
Option One – Recommended Option – Grant Right of Way Easement
31 Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, Council consents to the granting of a right of way easement across part of the Dunedin Town Belt Recreation Reserve upon the terms and conditions outlined in this report.
32 The advantages and disadvantages are the same as those listed under Option One above, and confirms that the Council, as administering body of the reserve, has fully considered the merits of the proposed easements and has fully complied with the requirements of the Reserves Act 1977.
Option Two – Status Quo
33 Acting under its delegation from the Minister of Conservation dated 12 June 2013 and pursuant to Section 48 of the Reserves Act 1977, Council does not consent to granting of a right of way easement across part of the reserve.
34 The advantages and disadvantages are the same as those listed under Option Two above.
NEXT STEPS
35 If Council consents to the granting of right of way easement across part of the Dunedin Town Belt Recreation Reserve, then the applicant will be asked to sign an agreement regarding the terms and conditions of the right of way easement.
Signatories
Author: |
Owen Graham - Senior Leasing and Land Advisor |
Authoriser: |
Scott MacLean - Acting Group Manager Parks and Recreation Robert West - Acting General Manager City Services |
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Title |
Page |
⇩a |
Aerial photo showing SUB-2020-157 (Lot 1 and Lot 2) and proposed ROW |
197 |
⇩b |
Drawing D12139-4 showing proposed ROW Easement 'D' |
198 |
SUMMARY OF CONSIDERATIONS |
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Fit with purpose of Local Government This decision relates to provision of practical legal access to a heritage residence and promotes the social and economic well-being of the Dunedin community in the present and for the future. |
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Fit with strategic framework
The granting of the right of way easements is consistent with Council’s strategic planning policy framework for management of reserves and is good management practice. |
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Māori Impact Statement There are no known impacts for tangata whenua. |
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Sustainability Granting a right of way easement contributes to social and economic sustainability. |
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LTP/Annual Plan / Financial Strategy /Infrastructure Strategy There are no implications for the LTP or the Annual Plan. There are no implications for current levels of service or performance measures. |
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Financial considerations All costs associated with forming the crossing and reinstatement and matters required to be completed so the easement can be registered will be met by the applicant who is also responsible for on-going maintenance. |
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Significance Although an area of Town Belt is involved here, the proposed grant of a right of way easement is assessed as being of low significance, being primarily an administrative function that formalises the existing access. |
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Engagement – external The proposal has been through resource consenting where it was not required to be publicly notified. No other external consultation has been undertaken. |
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Engagement - internal Council’s Parks and Recreation Planner and Council’s Transportation Planner have each provided advice on the proposed easement. Council’s Senior In-House Legal Counsel has provided advice in relation to the Reserves Act requirements. |
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Risks: Legal / Health and Safety etc. There are no material risks associated with the decisions. |
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Conflict of Interest There are no known conflicts of interest. |
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Community Boards The site is within Dunedin City and there is no Community Board. |
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Council 30 March 2021 |
Financial Result - Period Ended 28 February 2021
Department: Executive Leadership Team
EXECUTIVE SUMMARY
1 This report provides the financial results for the eight months ended 28 February 2021 and the financial position as at that date.
2 As this is an administrative report only, there are no options or Summary of Considerations.
That Council: a) Notes the Financial Performance for the eight months 28 February 2021 and the Financial Position as at that date. |
BACKGROUND
3 This report provides the financial statements for the eight months ended 28 February 2021. It includes reports on: financial performance, financial position, cashflows and capital expenditure. The operating result is also shown by group, including analysis by revenue and expenditure type.
DISCUSSION
4 The year to date favourable revenue variance included increased activity at the Green Island Landfill, funding for economic development projects and higher building services activity. Aquatic services revenue was also higher due to increased gym memberships. Some of the membership revenue represents renewals deferred from last year.
5 These favourable revenue variances were partially offset by lower grants funding in transport due to a lower level of subsidised capital expenditure. Parking revenue was also tracking below budget due to the temporary closure of the St Andrew Street carpark while upgrade works were completed, along with the ongoing impact from changes in Covid19 alerts levels.
6 Overall expenditure was a favourable spend of $1.439 million. This was due to favourable interest costs, the timing of some grant and service level agreement payments and software licensing expenditure year to date being less than anticipated. The timing/savings of greenspace maintenance costs in Parks also contributed to the favourable variance.
7 These favourable variances were partially offset by higher ETS and variable contract costs at the Green Island Landfill as a result of increased activity, and Transportation development costs relating to the major projects programme and the Shaping Future Dunedin project. Roading maintenance was also running ahead of budget due to the timing of expenditure.
8 The Waipori Fund was favourable year to date with positive movements across all equity markets. The markets however did experience negative movement in the current month impacting all equity groups.
9 Capital expenditure across all areas was running behind budget, with the timing of some expenditure delayed while project briefs and procurement activities are completed. It is anticipated that expenditure for the full year will be between $90.0m and $100.m.
NEXT STEPS
10 Financial Result Reports continue be presented to future meetings of either the Finance and Council Controlled Organisation Committee or Council.
Signatories
Authoriser: |
Gavin Logie - Acting General Manager Finance |
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Title |
Page |
⇩a |
Summary Financial Information |
203 |
⇩b |
Statement of Financial Performance |
204 |
⇩c |
Statement of Financial Position |
205 |
⇩d |
Statement of Cashflows |
206 |
⇩e |
Capital Expenditure Summary |
207 |
⇩f |
Summary of Operating Variances |
208 |
⇩g |
Financial Review |
209 |
Council 30 March 2021 |
Resolution to Exclude the Public
That the Council excludes the public from the following part of the proceedings of this meeting (pursuant to the provisions of the Local Government Official Information and Meetings Act 1987) namely:
This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.